Legal Opinion
Board of Education of the Dover Union Free School District v. Dover-Wingdale Teachers' Ass'n
New York Court of Appeals
Decided March 20, 1984PublishedCited by 48 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Any limitation upon the remedial power of the arbitrator must be clearly contained, either explicitly or incorporated by reference, in the arbitration clause itself. (Matter of Silverman [Benmor Coats], 61 NY2d 299.) To infer a limitation from an ambiguous and general clause in the substantive provisions of the agreement would, in effect, require judicial interpretation of the contract and judicial interference with an arbitration award which should be avoided unless that award be violative of a…
2Cases cited3 opinions
- Norris v. CooperNew York Court of Appeals · 1984
- In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
- Nationwide General Insurance v. Investors Insurance Co. of AmericaNew York Court of Appeals · 1975
3Cited by48 opinions
- In re the Arbitration between Town of Callicoon & Civil Service Employees Ass'nNew York Court of Appeals · 1987
- Maross Construction, Inc. v. Central New York Regional Transportation AuthorityNew York Court of Appeals · 1985
- Board of Education v. North Babylon Teachers' OrganizationAppellate Division of the Supreme Court of the State of New York · 1984
- In re the Arbitration between State & Council 82Appellate Division of the Supreme Court of the State of New York · 1991
- Communication Workers of America v. Town of GreeceAppellate Division of the Supreme Court of the State of New York · 2011
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